shewed, that the same hidden and undue | influence, which was so obnoxious to the nation, and had so long directed its public councils, still presided in them, in the full plenitude of its power: and that the privacy, hurry, evasion, and duplicity, which attended the whole transaction, were a disgrace to government itself. On the other side, the questions of law and right were chiefly insisted on. It was said, that the premises in question were no part of the honour of Penrith, and that they were neither specified, nor understood in the grant: that, the right being certain, it was no more a fault in the crown, than it would in a private person to assert it; that it would be happy if many such resumptions were made, to ease the burdens of the people: that the earl of Portland and his family were sufficiently compensated for any services he had performed to the nation; and that, after 70 years possession of an estate to which they had no right, they may contentedly resign it to the true owner, when there was no demand made upon them for the past issues; that supposing the charge of favouritism, his present Majesty had as good a right to reward his favourites as king William had; and that the natural influence which the possession of the crown lands afford in elections was disposed of with more propriety in the hands of the friends to administration, than in those who were in opposition to it. The defenders of the measure did not enter much into the prudence and propriety of the grant, nor into a defence of the conduct by which it was carried into execution. It was only said, that the treasury was bound to follow the surveyorgeneral's report, and had given sufficient time to the duke to prepare his title, and that the reason of his not doing it was because he had none to shew. tions of law or right, it may not be easy to defend the propriety of a measure, in general so alarming, and so extremely unpopular. Nor does it seem consistent with good policy, to disgust and irritate, upon trifling or needless occasions, the great families of any country; more especially under such a form and establishment of government as ours. Nor did the manner in which this transaction was conducted carry that face of clearness and equity, which is so necessary, and so desirable, in the administration of a great nation. Accordingly, as no one act tended so much to the unpopularity of administration, so the success that attended this measure was in proportion to the odium; the effects counteracted the design, and totally overthrew that interest in the north, which it was intended to establish and extend. This motion was introduced entirely upon public grounds, and expressly guarded against the serving of any immediate or personal purpose, or the taking in any pendent or recent case. The purport of the law of James 1, is, that a quiet and uninterrupted enjoyment, for 60 years before the passing of the act, of any estate originally derived from the crown, shall bar the crown from any right of suit to recover such estate, under pretence of any flaw in the grant, or other defect of title. The amendment proposed by the motion was, to convert that fixed prescription of the act of k. James into a moving limitation; and to make 60 years possession in all future times a bar against the claims of the crown. Notwithstanding the equitable ground on which this motion was founded, it met with a strong opposition from the ministry, whose conduct fell under the heaviest censure upon the occasion; but the subject was of a nature so interesting to all parties, and the arguments that must be used to oppose it so generally odious, that it was thought proper to change the mode of defence, and, under colour of the shortness of the session, to put it off till the next meeting of parliament. This manouvre succeeded, but upon so close a division, that it afforded a majority of only twenty. It is evident on the face of this defence that it goes upon two principles, neither of which are tenable. First, that there is no equity in a prescriptive possession; contrary to the opinions of all writers of law in every country, and indeed to the common sense of mankind. The second is, that the surveyor-general's report is conclusive, so far as to oblige the treasury to make a grant to any informer to whom that report shall be favourable; a power in the surveyor-general, which they did not attempt to support by any law authoAnson, Thomas rity whatsoever. Upon the whole, with- Abdy, sir A. T. bart. out entering into a discussion of the ques-Adams, George The following is a List of the Gentlemen who voted for the Motion. A'Court, It.-gen. W. Aufrere, George Carnac, gen. Curzon, Asheton Cotton, sir J. Hynde Curwen, Henry Craven, Thomas Heathcote, sir Gilbert, Hotham, col. Chas. Supplies granted for the Year 1768.] Committee of Supply during this Session: DECEMBER 3, 1767. That 16,000 men be employed for the sea service for 1768, including .... DECEMBER 8. For the ordinary of the navy, including half pay to sea and marine officers, for 1768.... That a number of land forces, including 2,460 invalids, amounting to 17,253 For defraying the charge of the said number of land forces for 1768... 1765 For the charge of the office of ordnance, for land service, for 1768...................... For defraying the expence of scrvices performed by the office of ordnance, for land service, and not provided for by parliament, in 1767 DECEMBER 15. That one third part of the capital stock of annuities, after the rate of 41. per cent. established by an act made in the third year of his Majesty's reign, which shall remain after the 5th day of January next, be redeemed and paid off on the 5th of July next, after discharging the interest then payable in respect of the same To enable his Majesty to redeem and pay off, the said one part £. s. d. 832,000 0 7 416,403 0 11 606,221 12 10} 396,590 4 6 7,226 17 2 12,237 7 3 5,227 14 0 159,328 11 6 68,944 12 11 1,672,540 1 6 875,000 0 0 DECEMBER 21. Towards the buildings, rebuildings, and repairs of ships of war in his Ma- JANUARY 26, 1768. ..... For paying the pensions to the widows of such reduced officers of his Upon account of the reduced officers and marines, for 1768 Towards defraying the charge of out pensioners of Chelsea-hospital, for 1768 JANUARY 28. Upon account for maintaining and supporting the civil establishment of Upon account for defraying the charges of the civil establishment of Georgia, Upon account for defraying the charge of the civil establishment of East Upon account for defraying the expence of the civil establishment of West Upon account for defraying the expences of general surveys of his Ma- Upon account for defraying the charges of the civil establishment of FEBRUARY 1. For paying off and discharging the exchequer bills made out by virtue of an act passed in the last session of parliament for raising a certain sum of money by loans or exchequer bills, and charged upon the first aids to be granted this session · · FEBRUARY 4. To replace to the sinking fund the like sum issued thereout, to make good the deficiency on Oct. 10, 1767, of the fund established for paying annuities in respect of 3,500,000l. borrowed by virtue of an act of the third of his present Majesty towards the supply granted for the service of 1763 To replace to ditto, the like sum paid out of the same, to make good the deficiency, on July 5, 1767, of the fund established for paying annuities in respect of five millions, borrowed by virtue of an act made in the 31st of his late majesty, towards the supply granted for the service of 1758 .... To be employed in maintaining and supporting the British forts and settlements upon the coast of Africa, under the direction of the committee of merchants trading to Africa That provision be made for the pay and clothing of the militia, and for the subsistence during the time they shall be absent from home on account of the annual exercise, for 1768. Upon account to enable the Foundling hospital, to maintain and educate such children, as were received into the same on or before the 25th of March 1760, from the 31st of December, 1767, exclusive, to the 31st of December 1768, inclusive, and the said sum to be issued without any deduction s. d. 277,954 0 0 2,000 0 O 279,954 0 0 1,586 0 0 132,431 0 0 1,715 13 0 108,949 17 6 199,988 4 2 444,620 14 8 3,895 1 11 3,986 0 0 4,750 0 0 4,400 0 0 2,036 14 5,550 0 Q 24,657 15 11 1,800,000 09 59,322 16 10 53,480 17 8 18,000 0 0 29,000 0 0 Upon account, for enabling the said hospital to put out apprentice the said children, so as that the said hospital do not give with one child more than 7/ .... .... 2,000 0 0 FEBRUARY 8. To make good to his Majesty the like sum issued by his Majesty's orders, in pursuance of the addresses of this House To make good the deficiency of the grants for the service of 1767........ To replace to the sinking fund the like sum paid out of the same, to discharge for one year and a quarter, ended the 25th of December, 1767, the annuities after the rate of 41. per cent. attending the remainder of the joint stock, established by an act of the third of his present Majesty, in respect of certain navy, victualling, and transport bills, and debentures, that have been redeemed, in pursuance of an act made in the last session, and the charges of management during the said term of the annuities.. To replace to ditto the like sumn issued thereout, to discharge from the 10th of October, 1767, to the 5th of January following, the annuities attending such part of the joint stock established by an act made in the third of his present Majesty, for granting several additional duties on wines imported, and certain duties on cyder and perry, and for raising the sum of 3,500,000l. by way of annuities and lotteries, to be charged on the said duties, as hath been redeemed in pursuance of an act made in the last ses sion To redeem and pay off the remaining parts of the said capital stock of annuities 156,803 11 64 10,500 0 0 392,484 4 5 88,435 19 6 8,750 0 1,750,000 0 0 2,250,170 3 11 WAYS and MEANS for the Year 1768.] | from the 5th Jan. 1769; and that all the The following are the Resolutions of the Committee of Ways and Means: Dec. 7, 1767. That the duties upon malt, mum, cyder and perry, be continued from the 24th June 1768, to the 24th June 1769, and charged upon all the malt which shall be made, and all mum which shall be made or imported, and all cyder and perry which shall be made for sale, within the kingdom of Great Britain, 700,000l. said annuities be transferable at the bank of England, paid half yearly, on the 5th July, and the 5th Jan., in every year, out of the sinking fund, and added to, and made part of, the joint stock of 3. per cent. annuities, which were consolidated at the bank of England, by certain acts made in the 25th and 28th years of the reign of his late Majesty, and several subsequent acts, and subject to redemp tion by parliament; that every contributor towards the said sum of 1,300,000!. shall, in respect of every 651. agreed by him to be contributed for raising such a sum, be intitled to receive three tickets in the said lottery, upon payment of 10%. for each ticket; and that every contributor shall, on or before the 18th of this instant Feb., make a deposit with the cashiers of the bank of England of 15. per cent., in part of the monies so to be contributed towards the said sum of Feb. 9, 1768. 1. That 1,900,000l. be 1,300,000l. and also a deposit of 51. per raised in the manner following; that is to cent., in part of the monies so to be consay, the sum of 1,300,000l. by annuities,tributed in respect of the said lottery, as after the rate of 31. per cent., to commence a security for making the respective fufrom the 5th Jan. last, and 600,000l. by a ture payments to the said cashiers, on or lottery, to consist of 60,000 tickets, the before the times hereinafter limited; that whole of such sum to be divided into is to say, on the 1,300,000l. 10l. per prizes, which are to be attended with the cent. on, or before, the 9th of April next; like 34. per cent. annuities, to commence 10l. per cent. on, or before, the 7th of [VOL. XVI.] Dec. 10. That 3s. in the pound, and no more, be raised within the space of one year, from the 25th March 1768, upon lands, tenements, hereditaments, pensions, and personal estates, in that part of Great Britain called England, Wales, and the town of Berwick upon Tweed; and that a proportionable cess, according to the ninth article of the treaty of Union, be laid upon that part of Great Britain called Scotland, 1,528,5681. 11s. 112d. upon the first aids to be granted in the next session of parliament; and such Exchequer bills, if not discharged, with interest thereupon, on, or before, the 5th April 1769, to be exchanged, and received in payment, in such manner as Exchequer Bills have usually been exchanged, and received in payment. 5. That there be applied the sum of 2,250,000l. out of such monies as shall, or may, arise out of the surplusses, excesses, or overplus monies, and other revenues, composing the fund commonly called the Sinking Fund. 6. That 70,000l. out of such monies as shall be paid into the receipt of the Exchequer, after the 2d Feb. 1768, and on, or before, the 5th April 1769, of the produce of all, or any of, the duties and revenues, which by any act or acts of par June next; 15. per cent. on or before the 19th of July next; 15l. per cent. on, or before, the 20th of August next; 15. per cent. on, or before, the 21st of Oct. next; 20l. per cent. on, or before, the 25th Nov. next. On the lottery for 600,000l. 251. per cent. on, or before, the 17th of May next; 30l. per cent. on, or before the 28th of June next; 40l. per cent. on, or before, the 8th Sept. next. And that all the monies so received by the said cashiers be paid into the receipt of his Majesty's Exchequer, to be applied, from time to time, to such services as shall then have been voted by this House, in this session of parliament; and that every contributor who shall pay in the whole of his contribution towards the said sum of 1,300,000l. at any time, on, or before, the 17th Oct. next, or towards the said lottery, on, or before, the 25th June next,liament, have been directed to be reserved shall be allowed an interest by way of discount, after the rate of 31. per cent. per ann., on the sums so completing his contribution respectively, to be computed from the day of completing the same, to the 25th Nov. next, in respect of the sum paid on account of the said 1,300,000l. and to the 8th of Sept. next, in respect of the sum paid on account of the said lottery. 2. That, from and after the 5th of April next, the annuities, after the rate of 47. per cent., attending the remainder of the capital stock, established by an act made in the third year of his Majesty's reign, intituled, An Act for granting to his Majesty several additional duties upon wines imported into this kingdom, and certain. duties upon all cyder and perry; and for raising the sum of 3,500,000l. by way of annuities and lotteries, to be charged on the said duties,' be charged upon, and made payable out of, the surplusses, excesses, or overplus monies, and other revenues, composing the fund commonly called the Sinking Fund, until the redemption of the said capital stock, which is to be completed on the 5th of Jan. 1769. 3. That the duties, revenues, and incomes, which now stand appropriated to the payment of the said annuities, be continued, and be, from and after the said 5th April, carried to, and made part of, the said fund, commonly called the Sinking Fund, towards making good the payment of the said annuities, and of the annuities after the rate of 31. per cent. intended to be granted in respect of the said 1,900,000. 4. That the sum of 1,800,0004. be raised, by loans, or Exchequer bills, to be charged for the disposition of parliament, towards defraying the necessary expences of defending, protecting, and securing, the British colonies and plantations in America, be applied towards making good such part of the supply as hath been granted to his Majesty, for maintaining his Majesty's forces and garrisons in the plantations, and for provisions for the forces in North America, Nova Scotia, Newfoundland, and the ceded islands, for the year 1768. 7. That such of the monies, as shall be paid into the receipt of the Exchequer, after the 2d of Feb. 1768, and on, or before, the 5th April 1769, of the produce of the duties charged, by an act of parliament made in the 5th of his present Majesty's reign, upon the importation and exportation of gum senega, and gum arabic, be applied towards making good the supply granted to his Majesty. 8. That the sum of 400,000l. which is to be paid within the present year, into the receipt of his Majesty's Exchequer, by the united company of merchants of England trading to the East Indies, in pursuance of an act made in the last session of parliament, intituled, An Act for establishing an agreement for the payment of the annual sum of 400,000l. for a limited time, by the East India Company, in respect of the territorial acquisitions and revenues lately obtained in the East Indics,' be applied towards making good the supply granted to his Majesty. 9. That the charge of the pay and clothing of the militia, in that part of Great Britain called England, for one year, beginning the 25th March, 1768, be de |